How can I keep my kids from going back to their dad’s if they are scared because of physical and mental abuse?

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How can I keep my kids from going back to their dad’s if they are scared because of physical and mental abuse?

We have joint legal and joint physical custody. They live with their dad but do not want to go back and I don’ want to send them back because I am scared for them.

Asked on January 3, 2012 under Family Law, Missouri

Answers:

Stephanie Squires / SquiresLegal Services

Answered 9 years ago | Contributor

If you believe that there is abuse then you should contact a lawyer who can file for an immediate modification of your custody/visitation orders.  If you violate a court order by not sending the children to their dad, then you are subject to being in contempt of court.  This is a very difficult situation, but you should not violate court orders. If the children are old enough to tell someone about the abuse then you need to contact your local law enforcement or your local agency who handles child abuse cases.  


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